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Signs of a Product Liability Case

What Are Some Signs That You Have a Product Liability Case?

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What Are Some Signs That You Have a Product Liability Case?

When a person is injured because of a product’s faulty manufacturing or design, they can pursue compensation for the harm that they suffered. These legal claims are called “product liability” cases.
If a product is unreasonably hazardous or dangerous, those who are involved in bringing the product to market can be held accountable. Consumers should be able to trust that the products they use are safe and reliable. 
When you or someone you love has been hurt by a faulty product, you have options. It is important to reach out to an accomplished product liability attorney to seek financial recovery. 
But how can you be sure that you have a valid claim? Below, we will discuss several of the most common signs you have a product liability case.
To pursue the compensation that you deserve, reach out to the accomplished team at Morgan & Morgan. Our compassionate lawyers have plenty of experience representing the victims of faulty and dangerous products.
You should not have to handle the consequences of an injury or accident for which another party is responsible. The team at Morgan & Morgan will fight tirelessly to recover the money that you are due.
For a no-cost case evaluation, fill out the contact form on our website. To learn some of the common signs you have a product liability case, read on.

Understanding Product Liability Cases

Product liability cases can be very complex. Without the help of an experienced product liability lawyer, it can be difficult to recover financial compensation. 
The specific laws surrounding product liability differ from state to state. However, some elements of product liability cases are similar across the country.
As America’s largest personal injury law firm, the team at Morgan & Morgan has experience with the statutes in many different locations. 

In most cases, victims will need to prove the following four elements to have a successful product liability case:

  • The victim suffered losses or was injured
  • The product or item is defective
  • The product’s defect caused the harm
  • The victim was using the product as intended

If you believe that your claim contains all these elements, it is one of the important signs you have a product liability case. A skilled attorney will review the facts of your case to determine whether you can prove these four elements.
Some people believe that they can bring a product liability claim even if they were not actually harmed. Many products have the potential to cause harm, but do not.
Consider the following example. Suppose that an electric tea kettle shatters when a consumer uses it because of a crack in the base. If boiling water splashes but does not cause any harm to the person, they will not be able to file a successful product liability claim. It is also critical to show that the product was defective. 

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Morgan & Morgan - Product Liability Claims

  • Types of Product Liability Claims

    The kind of product liability claim that you can file will depend on the nature of the defect. There are several different types of product liability claims. 

    Manufacturing Defects

    Some products present hazards to consumers because of a manufacturing error. This type of defect is the result of mistakes in the process of making the item.
    For instance, suppose that the tea kettle in the above example was cracked at the factory where it was produced. In this case, the defect would qualify as a manufacturing error.

    Design Defects

    Not every type of defect is the result of the manufacturing process. Products can also be unreasonably harmful because of the choices of the designer.
    If a product is designed in a way that makes it unsafe, it will be hazardous regardless of how it is manufactured. But some products are inherently dangerous even if they are designed correctly.
    To function as the ground of a successful product liability case, the hazard presented by the design of the product must be unreasonable.
    Imagine that you drop a sharp kitchen knife and cut your foot. Even though your injury arose as the result of the design of the product, this is not an example of a design defect.
    Knives are intended to be sharp. This is an important feature of good knife design, even though it can be dangerous.
    If you believe that a product was designed in a way that is needlessly dangerous, reach out to the legal professionals at Morgan & Morgan.

    Failure to Warn

    Product liability cases are usually more successful if the plaintiff can show that they were not properly warned about the hazard. In these cases, the potential hazards of a product may not be clear to the ordinary user.
    “Failure to warn” cases typically hinge on proving that the product’s warnings and instructions were insufficient or unclear. 

    Suppose that your electric tea kettle burns you as it expels steam. If the kettle’s vent was not sufficiently marked and was in an unconventional location, you may be able to pursue compensation for any injuries that occur. 

    Consulting with a skilled personal injury attorney can help you to determine the nature of your product liability case.
    Manufacturers, designers, and retailers are responsible for ensuring that their products are safe for consumers to use. If a manufacturing or design defect resulted in harm to you, an accomplished lawyer can help you to recover the money that you deserve.

  • Common Signs You Have a Product Liability Case

    Just because you were hurt by a product does not mean that you can successfully seek legal action. A personal injury expert at Morgan & Morgan can help you to explore all of your rights and options.
    So what are some signs you have a product liability case? There are several common indicators that your personal injury could serve as the ground for a successful claim. 

    The Product Was Misleadingly Advertised

    Suppose that a product was designed to cook food very quickly. If you used the product according to the instructions and your food was dangerously undercooked, it may be because of a defect.
    In cases like these, the safety of the product depends on the promise that it will work as advertised. A misleading product could cause severe injuries, illnesses, or other damage.

    Lack of a Warning Label

    Many products are potentially dangerous. If there are potential hazards from using a product incorrectly, warning labels should be included with the item.
    If a potentially dangerous product is missing a warning label and causes an injury, the victim may be able to pursue legal action. 

    Suppose that a toy is composed of small pieces that present a choking hazard to young children. If the toy is missing an adequate warning label that provides clear guidance for use, it may be considered faulty or defective. This is one of the signs you have a product liability case.

    Missing Instructions

    Oftentimes, the appropriate use of a product is not obvious without clearly written instructions. Some products contain inherent risks and consumers should be informed about their intended use.
    Suppose that a pharmaceutical product brings a risk of certain side effects. These risks may be increased if the medicine is taken alongside other products. If the company selling the pharmaceutical does not include instructions for using the medication and a consumer suffers harm, they may be held legally accountable.

     When you have been injured or suffered loss because a product was missing instructions, contact a lawyer immediately.

    The Victim Required Medical Care

    When you have sustained an injury because of a faulty or defective product, it is important to seek a medical assessment. This prioritizes your own health and safety.
    Also, if you decide to file a product liability claim, it will be critical to have a record of the fact that you were medically treated for your injuries. Your attorney will use your medical records as a key piece of evidence in your case.
    If you have experienced any of these signs you have a product liability case, reach out to the firm of Morgan & Morgan. Our experienced legal professionals have years of experience representing the victims of faulty and defective products.

  • Do I Need to Keep the Product That Injured Me?

    Yes, it is important to keep the product that caused you harm. The individual product in question may be examined by a product liability specialist.
    You should never attempt to repair an item that is implicated in a product liability case. Also, you should never dispose of the product. The faulty item will serve as a key piece of evidence in your legal case.

  • How Will a Product Liability Attorney Help Me?

    Even if you know that you have a valid legal claim, you may be unsure about what a product liability lawyer will do for you. When you hire the skilled team at Morgan & Morgan, we will:

    • Draft and submit necessary legal documentation
    • Consult with product liability experts, if necessary
    • Carefully review the facts of your case
    • Determine which parties are liable for your injuries
    • Accurately calculate the value of your case
    • Negotiate on your behalf
    • And more

    You should not have to manage all of the elements of a complex product liability case. Let the specialists at Morgan & Morgan fight to recover the financial compensation that you are due.

  • Is It Important to Hire an Attorney With Trial Experience?

    Absolutely! You should never have to worry that your legal representative will accept an inadequate settlement to avoid the courtroom. 
    Most personal injury claims do not require litigation. Still, some cases do. 
    The attorneys at Morgan & Morgan have decades of experience taking our client’s cases to trial. If negotiations fail, we will build a powerful lawsuit for you.

  • Expert Legal Representation With Morgan & Morgan 

    When you need the best product liability attorneys available, contact the firm at Morgan & Morgan. In our firm’s history, we have recovered more than $15 billion dollars in financial compensation for our clients.
    It is important to hold negligent product designers and manufacturers accountable. At Morgan & Morgan, we have the skills and resources necessary to represent you effectively.
    For a free legal consultation, fill out the contact form on the Morgan & Morgan website. Our compassionate attorneys are on your side!

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Last updated on May 31, 2023

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